H.R. 6816

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6816 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6816

To improve the administration of justice by requiring written 
explanations by the Supreme Court of its decisions and the disclosure 
of votes by justices in cases within the appellate jurisdiction of the 
Supreme Court that involve preliminary injunctive relief, and other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 17, 2025

Ms. Ross (for herself, Mr. Raskin, Mr. Johnson of Georgia, Ms. Scanlon, 
and Mr. Correa) introduced the following bill; which was referred to 
the Committee on the Judiciary

_______________________________________________________________________

A BILL

To improve the administration of justice by requiring written 
explanations by the Supreme Court of its decisions and the disclosure 
of votes by justices in cases within the appellate jurisdiction of the 
Supreme Court that involve preliminary injunctive relief, and other 
purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Shadow Docket Sunlight Act of 
2025''.

SEC. 2. SUPREME COURT WRITTEN EXPLANATIONS AND DISCLOSURE OF VOTING IN 
CASES INVOLVING PRELIMINARY INJUNCTIVE RELIEF.

(a) In General.--Chapter 155 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2285. Written explanations and disclosure of voting in Supreme 
Court cases involving preliminary injunctive relief
``(a) Definitions.--In this section--
``(1) the term `Supreme Court' means the Supreme Court of 
the United States, including any individual justice or set of 
justices when acting on behalf of the Supreme Court of the 
United States; and
``(2) the term `Supreme Court's appellate jurisdiction' 
means all cases within the jurisdiction of the Supreme Court 
other than those within the original jurisdiction of the 
Supreme Court.
``(b) Requirement.--
``(1) Written explanation and vote disclosure.--In any case 
within the Supreme Court's appellate jurisdiction, the Supreme 
Court may not issue any order granting, denying, or vacating 
preliminary injunctive relief or granting, denying, or vacating 
a stay of preliminary injunctive relief unless the Supreme 
Court publishes a written explanation of reasons supporting 
such order and indicates in writing how each participating 
justice voted regarding such order.
``(2) Contents for orders granting, denying, or vacating 
preliminary injunctive relief.--The written explanation 
required under paragraph (1) for an order granting, denying, or 
vacating preliminary injunctive relief shall include an 
evaluation of the following criteria:
``(A) Whether an applicant seeking preliminary 
injunctive relief is likely to succeed on the merits.
``(B) Whether an applicant seeking preliminary 
injunctive relief is likely to suffer irreparable harm 
absent such relief.
``(C) Whether the balance of equities tips in the 
favor of an applicant seeking preliminary injunctive 
relief.
``(D) Whether preliminary injunctive relief is in 
the public interest.
``(3) Contents for orders granting, denying, or vacating a 
stay of preliminary injunctive relief.--The written explanation 
required under paragraph (1) for an order granting, denying, or 
vacating a stay of preliminary injunctive relief shall include 
an evaluation of the following criteria:
``(A) Whether the stay applicant has made a strong 
showing of the likelihood of success on the merits.
``(B) Whether the stay applicant will be 
irreparably injured absent a stay.
``(C) Whether issuance of the stay will 
substantially injure the other parties interested in 
the proceeding.
``(D) Whether a stay is in the public interest.
``(4) Multiple opinions.--The written explanation required 
under paragraph (1) may be made in 1 or more opinions 
representing a majority of justices participating in a 
decision, without regard to whether a majority of the justices 
participating in a decision publish the same written 
explanation.
``(5) Administrative and scheduling orders excluded.--The 
requirements of this subsection shall not apply to orders 
granting or denying applications that relate only to 
administrative or scheduling matters or petitions for 
certiorari and that do not grant, deny, or vacate preliminary 
injunctive relief or grant, deny, or vacate a stay of 
preliminary injunctive relief.
``(c) Limitations and Inclusions.--In implementing this section, 
the following shall apply:
``(1) Nothing in this section shall be construed to modify 
the substantive standards applied by any court in deciding any 
case.
``(2) Nothing in this section shall be construed to modify 
the jurisdiction of the Supreme Court under any other law.
``(3) This section shall apply with respect to orders 
issued in connection with a claim under chapter 5 or 7 of title 
5.''.
(b) Conforming Amendment.--The table of sections for chapter 155 of 
title 28, United States Code, is amended by adding at the end the 
following:

``2285. Written explanations and disclosure of voting in Supreme Court 
cases involving preliminary injunctive 
relief.''.

SEC. 3. REPORTS.

(a) In General.--Not later than April 1 of the first year that 
begins more than 180 days after the date of enactment of this Act, and 
April 1 of every second year thereafter, the Director of the Federal 
Judicial Center shall submit to Congress a report--
(1) assessing the extent of compliance or noncompliance 
with the requirements of section 2285 of title 28, United 
States Code, as added by section 2 of this Act; and
(2) providing any recommendations of the Director regarding 
ways to improve compliance with such section 2285.
(b) Additional Time.--For the first report required under 
subsection (a), the Director of the Federal Judicial Center may submit 
the report after the date described in that subsection if the Director 
identifies in writing to Congress the amount of additional time needed 
for completion of the report.

SEC. 4. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the 
application of such a provision or amendment to any particular person 
or circumstance is held invalid, the remaining provisions of this Act 
and the amendments made by this Act, and the application of such 
remaining provisions and amendments to any other person or 
circumstance, shall not be affected thereby.
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